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National Emergency
Michael Froomkin posted to the cyberia list a pointer to the Clinton
administration's new export policy. He has a copy on his web site at:
<URL: http://www.law.miami.edu/~froomkin/nov96-regs.htm >. The thing
I found interesting is that it refers to the fact that we are currently
living under a state of national emergency! I searched on the whitehouse
web site and couldn't find the executive order referred to (maybe it was
classified) but did find this one:
For Immediate Release June 30, 1994
Executive Order
#12923
- - - - - - -
Continuation Of Export Control Regulations
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including but not limited to section 203 of the International
Emergency Economic Powers Act ("Act") (50 U.S.C. 1702), I, William
J. Clinton, President of the United States of America, findthat
the unrestricted access of foreign parties to U.S. goods,
technology, and technical data and the existence of certain
boycott practices of foreign nations, in light of the expiration
of the Export Administration Act of 1979, as amended (50 U.S.C.
App. 2401 et seq.), constitute an unusual and extraordinarythreat
to the national security, foreign policy, and economy of the
United States and hereby declare a national emergency with respect
to that threat.
Apparently this state of emergency is still in effect. This is what
gives the President the power to unilaterally make changes in the export
policy. It would be nice if our congresspeople would take some
responsibility in this matter.
Hal